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The Best and Worst Patents for Generics to Fight
May 6, 2008
IP Law 360, May 6, 2008

IP Law 360 reporter Sara Stefanini quotes Chad Landmon in an article detailing patent strategy for generic drugmakers.  "Sometimes there are multiple approved methods, and the generic doesn't have to seek FDA approval for all the methods," said Chad Landmon, a patent litigation partner at Axinn, Veltrop & Harkrider LLP.  "In a validity challenge it could be difficult, but some very well-known blockbuster drugs have had method-of-use patents invalidated."  Brand name drug makers will apply for method-of-use patents to protect the way that medication can be used. . . . "If [the generic company] only files for [one approved use such as] back pain, the brand company can't even sue," he said.

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